Author Topic: Replica seized  (Read 3807 times)

gt350shelb

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Re: Replica seized
« Reply #15 on: June 03, 2020, 03:51:30 PM »

Ferrari recently stopped a company building fake 250 GTO's - It just goes to show you that the market for fake clothing, watches, jewelry, and cars is very strong. People need attention I guess and fake luxury items are there ticket to prominence.

Ferrari has people to deal with these  situations  ,  one shop had a "fire"  :)
Some where some one is driving their collector car for the last time but they don't know it . Drive your car every time like it could be the last memory of it .

NC TRACKRAT

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Re: Replica seized
« Reply #16 on: June 03, 2020, 04:13:17 PM »
Copyrights and trademarks are not, in of themselves, protection under the law.  They must be defended, otherwise, they become weakened.  That's why Ford went on a rampage a few years back to protect their brand, logos and product designs.
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deathsled

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Re: Replica seized
« Reply #17 on: June 03, 2020, 05:12:34 PM »
427huntet is correct. Can't seize property civilly (for the most part unless the government seizes property used in commission of a crime and so on hence case captions like U.S. versus one 1972 Buick and even that has to be litigated) this was the cost of defense move. I believe copyright infringement, if proven, can result in treble damages as a statutory remedy. The guy probably either sold the body to the putative plaintiff or signed it away in exchange for a release or covenant not to use in either case.

^^So they (the plaintiff) gets possession the car and now they can/could put their stamp of approval on it and now sell it as one of theirs?
It will depend on the wording of the release. I believe the car was turned over either given or sold for an undisclosed sum to avoid the costs of litigation. Avoiding litigation (and lawyers) wherever possible saves you a ton of money in the long run particularly where you are the defendant and there is no insurance carrier providing you with a duty to defend.
A copyright lawyer will have a better take on what transpired than I.
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deathsled

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Re: Replica seized
« Reply #18 on: June 03, 2020, 09:43:45 PM »
427huntet is correct. Can't seize property civilly (for the most part unless the government seizes property used in commission of a crime and so on hence case captions like U.S. versus one 1972 Buick and even that has to be litigated) this was the cost of defense move. I believe copyright infringement, if proven, can result in treble damages as a statutory remedy. The guy probably either sold the body to the putative plaintiff or signed it away in exchange for a release or covenant not to use in either case.

Thanks, Deathsled!

BTW - you've indirectly become our law reference of choice.   ;)

Happy to do it so long as I am accurate.  Always good to get second opinions or at least use caselaw to define the parameters of the legal issue.  Stare decisis is a powerful tool
"Low she sits on five spoke wheels
Small block eight so live she feels
There she's parked beside the curb
Engine revving to disturb
She's the princess from his past
Red paint gold stripes damned she's fast"

Don Johnston

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Re: Replica seized
« Reply #19 on: June 03, 2020, 11:57:51 PM »
So this was a seizure of an "Eleanor"?  I get seizures when I see them hyped and sold at auctions for insane money. 8)

gt350shelb

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Re: Replica seized
« Reply #20 on: June 07, 2020, 09:38:17 AM »
 dont mess with women who sued shelby and won   LOL
Some where some one is driving their collector car for the last time but they don't know it . Drive your car every time like it could be the last memory of it .

FL SAAC

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Re: Replica seized
« Reply #21 on: June 09, 2020, 08:07:31 AM »
lmao, more unfortunate is when you talk to the new owners and they believe that they have the "real deal"

So this was a seizure of an "Eleanor"?  I get seizures when I see them hyped and sold at auctions for insane money. 8)
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